Attachment ALRUS TELECOM LOA.pd

ALRUS TELECOM LOA.pd

SUPPLEMENT submitted by Department of Justice

Supplement

2010-10-01

This document pretains to ITC-214-20091201-00520 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2142009120100520_1028596

October 1,2010 David S. Kri Assistant Attorney General National Security Division US Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 tte!ecom@,usdoj gôv David Heyman Assistant Secretaiy fat POlicy US Department of Homeland Security 3OiNèbraska Avenue, NW Washington, DC 20528 ip-fcc@dhs.gov Re; Pending application by Airus Telecotn Jna. for authorization utider Section 214 of the communications Act of 1934 as imended FCC ITC-214-20091201 00520 Sirs; This letter outlines the commitments rtiade by Alrus Teleconilne. (Alrus) to the US Department of Justice (DOJ) and to the US Department of Homeland Secunt% (DHS) in order to address national s!cunt) law enforcement, and public safet concerns raised with rtgard to the Airus application to the Federal Communications Commission (FCC) for authority to pro%ide international resold services to all rnternational points under Section 214 of the Communications Act of 1934 as amended. Airus is a US corporation seeking an authoriiation from the FCC to provide international global or limited global iesale authonty (Section 63 1 8(e)(2)) to all international points under Section 214 of the Communications Act of 1934 as amended Alrus customeis are holesa1e and retail VoIP providers public switched telephone networks global system for mobile communications code dnision multiple access carriers calling card ser'i ice companies call-shops and pc2phone serb ice pioviders Airus does not hae an residential retail or enterprise customers and his no plans to provide any domestic US telecommunications services. Alrus agrees that it will inform DOJ and DHS at least 30 das us advance if its business model changes to provide telecommunications services in the US including providing ser ices to end- user customers, either residential, business or enterpnse Alms confirms that for an such services it will comply with the Communications Assistance for Law Enforcement ct (CALEA) as ipplicable Mortover, if Alrus begins to provide telecommunications services in the US the company agrees to designate a point of contact in the US, preferably a US citizen, to receive

serice of process for US records and to support US law enforcement agencies' surveillance needs. This point of contact v ill he provided to DOJ and DHS at least 38 da s prior to the date that Airus begins to provide these services. Altos agrees that, for all Alms customer billin2 records, subsci iher information, and any other related information used. processed or maintained in the ordinary course of business relating to telecommunications sen ices offered in the US (US Records). Aims will store either originals or copies of oliginals in the US and make such records a ailahie in response to lawful US Process,1 For these purposes. US Records shall include information subject to disclosure to a US Federal or state oo errimental entity under the procedures specified in Sections 2703(c) and (ci) and Section 2709 of Title 18 of the US Code. Airus also agrees to ensure that US Records are not made subject to mandators destruction under any foreign laws The location of the US Records storage location will be pros ided to DOJ and DHS at least 30 days in advance ol the time in which Airus anticipates generating US Records Airus agrees that it will not, directi or indirectl\ . knowingly disclose or permit disclosure of or access to US Records or domestic communications or any information (including the content of' communication) pertaining to a wiretap order. pen/trap order subpoena or other lawful demand by a US law enforcement agency for US Records. to any person if the purpose of' such disclosure or access is to respond to the legal process or request on behalf of'a non-US go emment without first satifvmg all pertinent lequirements of US law and obtaining the express written consent of the DOJ and DITS or the authoriialion of a court of competentjurisdiction in the US. The term 'non- US go cmnment" means any uovernrncnt. including an identified representative, agent. component or subdi ision thereof, that is not a local, state or federal government in the US. An such requests of legal process submitted by a non-US government to Amos shall be referi ed to the DOJ and DI IS as soon as possible, and in no e eat later than business days after such request or legal process is received by or known to Alrus. unless the disclosure of the request oi legal process would be in violation of US law or an order of a court of the US. \Ve understand that, upon execution of' this letter b an authorized representative or attorney for &lrus, DOJ and DF1S shall notifs the FCC that they have no obiection to the FCC's grant of the Alrus application filed with the FCC. Sincerely, Airus Telecom Inc. .'2/'g'"'/ '/// Date: By: -'"2' Y Name: Ruslan Demchenkri7 Title: President and C j'xecuiive Officer This statement does not supercede or replace Alms's other duties to conIy with any applicable FCC requirements and regulations Alms acknosledges that it must also meet any other appiic'mble I'CC regulators requirements including but not hnntcd to any requirements rel'ited to the stor'ge 'md protcction ot C ustoimr Propnetary Network Information. 2


Document Created: 2013-11-21 15:24:57
Document Modified: 2013-11-21 15:24:57
© 2024 FCC.report
This site is not affiliated with or endorsed by the FCC